Is it legal for an HOA to construct a wall on private property that obstructs a public road?

15 comments

1. No thanks.

2. If it obstructs a public road? I’d imagine so. If it’s on private property whose owner did not give consent? Absolutely, I can’t imagine why it’s be otherwise.

3. Sounds like the border wall. Increases transit times by 15 minutes.

4. Ha! I actually lived near there when I moved to the Atlanta area for a job. Weird, I didn’t expect to see that when I opened this. We lived on the Fayetteville side.

5. Technically it is legal because they bought the land from the government and thus can do what they want with that piece of land. Now I’m not sure about the road itself or why they are allowed to restrict access to a public road (I assume it’s public). I’m surprised this wall hasn’t been “vandalized” and destroyed though.

6. This post is about something so stupid and petty. I’m allowing it.

7. Why would it not be legal for an entity to do with theyvwant with their property assuming it meets safety/building standards?

   Not sure how the road can be public and their private property at the same time, unless it is a legally required easement in which case the wall would not be legal.

8. The website you linked is dripping with bias, but looking at a map I imagine this is a situation where people were using Crabapple Lane and the residential area as a throughway, rather than Joel Cowan parkway a bit further down? I get why the association would want to prevent that.

   The alley behind my house gets used as a through street by parents picking up their kids from school, despite the “no through traffic” signs. It’s gravel but sees as many cars as a main street and the city doesn’t regrade the gravel often enough. They speed down this thing and get mad if you’re using it to try and get to your garage. I wish we could install some sort of barrier that could redirect this traffic to the intended passages during school pick up and drop off.

9. I’m going to start off by saying that you seem ignorant about Peachtree City and exactly what this issue is about. That’s not surprising, even folks in Metro Atlanta don’t understand it. Or you’re intentionally portraying it in a slanted manner, as does the link you provided.

   [Watch this piece by Tom Scott](https://www.youtube.com/watch?v=pcVGqtmd2wM).

   The gist is that Peachtree City is a planned community, with a significant portion of the acreage owned by the city for the purpose of the cart paths shown in the video above. The city sold some acreage to a private entity, and you obviously know it’s private by the fact that you said it in your title. However, you are wrong that it’s a public road — it’s a route that’s now on private property. This is not some precedent or a new thing in history — there are multiple former public routes that are now on private property that the general public can no longer access. Cases in point: 1) Some land that my step-grandfather owned, which was accessed by a former county roadway and county bridge, which was turned into *his* roadway and bridge when he bought the property and they decommissioned public access. 2) A friend of a friend who owns a bridge that was formerly on a state route, which was realigned in that section.

   Put the coordinates of 33.446460477947454, -84.57790383575588 into Google Maps or whatever and have a look at the roads in the area. From this, you’ll see that the claim “A blockage of Kedron Hill’s front entrance, such as an accident or fallen tree, will now entrap the 190+ families residing in Kedron Hills” is bull$hit.

   People are simply butthurt that they no longer have a cut-through. They still have the access to all of the other paths that they are paying for.

10. How is this not legal?

11. Yeah how else do you think we keep all the Mexicans out? /s

12. I wouldn’t know about GA law. In MA, a town can vote to abandon a public road, turning ownership and control over to the abutters. I don’t know the details, which means I don’t know whether the history of who owned the land before the town accepted the road in the first place matters as to who receives ownership. Nor do I know whether there any special rules if the road connects directly onto a road in another municipality. But within a town, I don’t know of any reason why such a road couldn’t be blocked after privatizing.

13. depends on the state, municipal or county laws, but in general no.

14. Seems like a question for /r/legaladvice, but two important questions:

    * Is the blocked road, along it’s entire length, publicly owned and maintained?
    * Do residents of both communities have the legal right to use the road? I understand that Peachtree city has a network of golf cart paths that carts must be registered with the city to legally use. Can non-residents legally register and use their carts on the paths?

    Personally, based on my own personal experience, I can sympathize with residents of a residential neighborhood being frustrated by non-residents using the neighborhood as a shortcut.

15. They bought the land from the city?

    Then I don’t see why they can’t build a wall.

    Should the city have sold it in the first place? Yes? no? Maybe?

    Not my monkeys not my circus.